Accusations Mark Insurance Race

TALLAHASSEE — Van B. Poole, the Republican nominee for insurance commissioner, contends incumbent Bill Gunter is costing consumers money and should be kicked out of office.

Naturally, Gunter, a Democrat who has been commissioner for 10 years, disagrees. He says Poole is a shill for the insurance industry and would invite disaster to the state if elected.

The two men will meet Tuesday in a race that has been dominated by bitter accusations. Polls indicate that Gunter, a consummate campaigner who enjoys widespread name recognition, has a solid lead.

The race is important because the winner will run the $35.6 million state Department of Insurance and oversee almost 900 employees who regulate the insurance industry, administer police and firefighter retirement funds, invest state money, record state financial transactions and investigate fires.

The insurance commissioner, who wears additional hats as state treasurer and fire marshal, also sits on the Cabinet, where members have votes equal to the governor on issues ranging from education to natural resources.

The post pays $67,246 annually, increasing to $81,967 in February.

Gunter has the clear advantage of incumbency. He can campaign as he does his job. He travels the state touting the tough new insurance regulation law he pushed through the Legislature. He explains opportunities for establishing self-insurance pools. He makes headlines by comparing automobile insurance rates.

He also has the money to remind voters of his name. Gunter has raised more than $3 million to Poole's $700,000.

Nonetheless, Poole remains confident of breaking the Democratic grip on the Cabinet. He is counting on his attacks on the Gunter record to sway voters to his camp.

An insurance agent in Fort Lauderdale for 19 years, Poole, 51, has a bachelor's degree in philosophy and psychology from Memphis State University. He served in the state House for six years and in the state Senate for four. He left the Legislature to run for the U.S. Senate in 1980 and was trounced by the Democratic incumbent, Lawton Chiles.

Poole has centered his campaign almost entirely on attacking Gunter. He reminds voters every chance he gets that Gunter's office is the subject of a FBI investigation. The probe centers on allegations that lawyers were pressured into donating to Gunter's political campaigns in exchange for business from his department.

To suggest charges are on the horizon, Poole waved handcuffs at the only public forum both candidates attended. Gunter denies any wrongdoing.

Poole also claims Gunter has been fooling the public, that his reputation as a friend to consumers is a myth. He says Gunter has cost consumers ''one heck of a lot of money.''

For example, Poole holds Gunter responsible for the collapse of Universal Casualty, a Miami automobile insurance carrier that went under in 1984 despite repeated warnings to Gunter's office. The failure resulted in a $41 million assessment against companies that do business in Florida. The assessment, Poole notes, will be absorbed by consumers in the form of higher premiums.

Poole, who sponsored drunken driving bills as a legislator, assails Gunter for approving pre-paid insurance that covers legal services for drunken driving arrests. If elected, he pledges to revoke the approval on the grounds that the offered coverage goes against the public welfare.

Gunter laughs at this charge, noting that Poole voted on the legislation that allowed such coverage when he was in the Senate.

When not attacking Gunter, Poole talks about reviving manadatory liability insurance for Florida motorists. He contends insured motorists foot the bill for uninsured motorists, driving up the cost of insurance. He promises one of his first acts as commissioner would be to push a bill mandating liability coverage for all motorists through the Legislature.

He also vows to initiate a petition drive placing on the ballot a constitutional amendment capping non-economic damages at $250,000. He believes the Legislature didn't go far enough this year in restricting how much negligence victims can collect in court.

The $250,000 limit has been a top priority of business, the insurance industry and the medical community.

Poole also lambasts the broad authority Gunter asked for and received from the Legislature this year to regulate commercial liability and property insurance rates. If the law withstands a constitutional challenge, Poole contends, its provisions will impede competition and drive insurance companies out of Florida, spelling disaster for the state.

That law, which combines the insurance regulations with the civil negligence reforms, has been approved by a circuit court and is pending appeal before the Florida Supreme Court.

Not surprisingly, Gunter touts the insurance regulation and civil reform law as one of his greatest consumer accomplishments and says its passage is a major reason why he should be returned to office. He says Poole would try to dismantle the law if elected.